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made without a miranda warning or made while he's not really competent between times when he's sedated and not sedated. so they may be risking their death penalty, but they may be doing it for a good reason. they may need realtime intelligence, but i don't think that the public safety exception will stand up for allowing them not to have given the miranda warnings. >> fascinating. in fact, i have a lot of questions about that i'm going to get to. and actually i want to bring in another colleague as well right now. steve razor is a former military judge advocate general and knows a thing or two about this military issue. typically, steve, we hear about a 48-hour window and this is a very new area of justice. this has only been in sort of parlay for the last couple of years. we are far outside of that 48 hours by today. but can it be extended in the case of public safety? and exactly when can you establish that a public safety exemption has expired or is no longer of concern? how long can you keep him from getting miranda? >> well, there's no hard and fast rule on that. and that's exactl
authorities say he does not need to be read his miranda rights. >> right. first of all, let's just remember he may be in no physical condition to answer questions with or without miranda warnings. so his physical condition is the great unknown here which may render this whole dispute about miranda moot. let's assume that he is in a condition to answer questions. usually when someone is arrested, they get miranda warnings, and then they is a choice of whether to answer questions or not. here the government has said when there is an imminent danger to public safety, they can question without miranda warnings. that has traditionally or usually been interpreted to mean a future danger to public safety. the so-called ticking time bomb. tell us what's going to happen in the future, and we're not going to worry about miranda. what makes this an unusual invocation of the public safety exception is that the government is saying there is no more danger. there is no further conspirator out there. the government's position may be somewhat internally contradictory. that's something to keep an eye on as thi
miranda rights to keep him in a gray area right now whether or not he would be considered an enemy combatant or information that he would be allowing to investigators may not be used against him if he were try to be tried as an american civilian. as i talked there with roger about the fact that congressman peter king over the weekend said the homeland is the battlefield and that times have really changed, what are your thoughts about what the congressman has said about the fbi and that they may have missed red flags and the fact that the homeland is the battlefield? >> as you know, thomas, the fbi conducts thousands of interviews like this. i will say that they do a good job. i would say unless there was some evidence that would lead them to not do something to this individual, i would say they did a good job. i think my colleague, peter king, is not just monday morning quarterbacking but arm chair quarterbacking. we don't no what our investigative authorities know. i would say let them do their job. we can comment but when we start pointing fingers, i think we just add to the conf
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
him before he receives miranda warning is the right thing to do. a short time ago, the aclu put out a statement saying every defendant is entitled to defend miranda lights. five lawmakers want him treated as an enemy combatant. 53 people remain in boston hospitals today, three in critical condition, including a 7-year-old girl. nbc news national investigative correspondent michaels i cough is in boston, ron allen outside boston's beth israel medical center where the suspect and many of the victims are being kept and kristen we willinger at the white house, let's get to the latest on investigation. for that, we turn to michaels i cough, again, in boston. what is the fbi focusing on today and moving forward? >> reporter: federal prosecutors are focusing on drafting a criminal complaint we could see as early as this afternoon, detailing the criminal charges against him supported by an affidavit from an fbi agent that would lay out some details of the plot. not all of them but could provide crucial new information for us about what tsarnaev actually did and raise and shed some light on
miranda rights and there is it a safety exception that allows you 48 hour to see if there is any bombs that may be connected with the attack. under the law of war, an enemy combatant and someone who takes up arms against this country, including an american citizen can be held for intelligence purposes without a lawyer and miranda warningings. the best way to get information from the suspect is hold him as an enemy combatant. it a terrorist attack and not a common crime. in 30 days he would be presented before a federal judge and the judge could review the case that the government has. i am urging this administration, please do not lawyer him up tomorrow night. you have under our statutes and supreme court cases,le authority to hold him as an enemy combatant ting gather intelligence about what is coming our way in the future. >> there is great relief in boston today but a lot of people are concern body what might be to come whether it is it inspired by the actions or a connection, we really don't know the answer to that question yet, do we senator? >> it is impossible between now and to
and lucid enough to get his miranda rights read to him, also thoughts he shot himself through the neck, that's been really brought into question now, as an eyewitness there to help take him down, looks like a cut or maybe something exploded, a shrapnel cut, those that the boston marathon, those that suffered during the explosion. he said i'm motivated by religion, that religion being islamic extremism or islam. he went on to say i have no outside ties. i'm not part of a larger group. isn't that convenient. >>steve: both brothers went to a mosque in cambridge. it was the older brother. clearly the younger brother was following the older brother in life in so many different ways. we told you a little bit yesterday about some of the outbursts the older brother had at the mosque in cambridge. for instance, back in november where they were talking about it was okay for muslims to celebrate american holidays like thanksgiving and the 4th of july and tamerlan, the older brother, stood up and argued. then in january there was a praise for martin luther king jr. and he got up and called someone a hyp
. they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do they get the radicalization? >> he so
Search Results 0 to 7 of about 8

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